Human rights in Laos
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human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
in Laos has often been, and remains, a recognized cause for serious concern. Laos is one of a handful of Marxist-Leninist governments and is ruled by a
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communist government A communist state, also known as a Marxist–Leninist state, is a one-party state that is administered and governed by a communist party guided by Marxism–Leninism. Marxism–Leninism was the state ideology of the Soviet Union, the Cominte ...
backed by the
Lao People's Army The Lao People's Armed Forces (LPAF; lo, ກອງທັບປະຊາຊົນລາວ), is the armed forces of the Lao People's Democratic Republic and the institution of the Lao People's Revolutionary Party, who are charged with protecti ...
in alliance with the
Vietnam People's Army Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
and the
Socialist Republic of Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making it ...
in
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. Amnesty International, The Centre for Public Policy Analysis, the
United League for Democracy in Laos The United League for Democracy in Laos, Inc. (ULDL) is a non-profit, non-governmental organization (NGO) based in the Washington, D.C.-area with chapters and members in the United States, Thailand, and Laos. The ULDL has worked to provide informa ...
,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, the
Lao Human Rights Council The Lao Human Rights Council, Inc. (LHRC) is a non-profit, non-partisan, non-governmental (NGO) refugee and human rights organization. It is based nationally, and internationally, with chapters in Colorado, Wisconsin and Minnesota. The Lao Human Ri ...
and other non-governmental organizations (NGO)s have raised repeated serious concerns about the ratification record of the Laos Government on human rights standards and its lack of cooperation with the UN human rights mechanisms and legislative measures which impact negatively on human rights. They have also raised concerns in relation to disappeared civic activist
Sombath Somphone Sombath Somphone ( lo, ສົມບັດ ສົມພອນ, ; born 17 February 1952) is an internationally acclaimed community development worker and prominent member of Lao civil society. Sombath was abducted from a Vientiane street in 2012 ...
, and jailed and
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political and religious
dissidents A dissident is a person who actively challenges an established political or religious system, doctrine, belief, policy, or institution. In a religious context, the word has been used since the 18th century, and in the political sense since the 20th ...
, military attacks on unarmed civilians, as well as the lack of freedom of expression, torture, poor prison conditions, restrictions on freedom of religions, protection of refugees and asylum-seekers,
extrajudicial killing An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whethe ...
and
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
by the
Lao People's Army The Lao People's Armed Forces (LPAF; lo, ກອງທັບປະຊາຊົນລາວ), is the armed forces of the Lao People's Democratic Republic and the institution of the Lao People's Revolutionary Party, who are charged with protecti ...
and security forces and the improper use of the death penalty. Some officials and police have facilitated and profited from sex trafficking in Laos. The purported policy objectives of both the Lao communist government and international donors remain focused toward achieving sustainable economic growth and poverty reduction, but restrictions on
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
and association are a source of concern. The barring of independent human rights monitors makes an exact appraisal of the situation impossible. In particular, the situation for groups of ethnic
Hmong Hmong may refer to: * Hmong people, an ethnic group living mainly in Southwest China, Vietnam, Laos, and Thailand * Hmong cuisine * Hmong customs and culture ** Hmong music ** Hmong textile art * Hmong language, a continuum of closely related to ...
hiding in the jungle remains grave and leads to a steady stream of people taking refuge in neighboring
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...
. The death penalty remains in force, although no executions have been reported since 1989. The U.S. State Department reports on
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
around the world declare that most Lao trials in 2003 were little more than pro forma examinations of the accused, with a verdict having already been reached. The State Department indicated that in some instances police administratively overruled court decisions, at times detaining a defendant exonerated by the court, in violation of the law. Moreover, while Lao law prohibits
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
, members of the security forces reportedly subjected prisoners to torture and other abuses. A significant issue in human rights in Laos is the presence of anti-government rebels, mainly of the
Hmong Hmong may refer to: * Hmong people, an ethnic group living mainly in Southwest China, Vietnam, Laos, and Thailand * Hmong cuisine * Hmong customs and culture ** Hmong music ** Hmong textile art * Hmong language, a continuum of closely related to ...
ethnic minority, who have reportedly been harshly treated by the Lao government. In its 2006 report the State Department mentions that "The government's overall human rights record worsened during the year." For more details see the report (link given below under "see also").


Official Lao position on human rights

Officially, and in theory, the Constitution that was
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...
in 1991 under the Marxist-Leninist government contains most key safeguards for human rights. For example, in Article 8 it makes it clear that Laos is a
multiethnic A multinational state or a multinational union is a sovereign entity that comprises two or more nations or states. This contrasts with a nation state, where a single nation accounts for the bulk of the population. Depending on the definition of ...
state and is committed to equality between ethnic groups. The Constitution also has provisions for
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
and
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...
, for freedom of speech, press and assembly. On 25 September 2009, Laos ratified the International Covenant on Civil and Political Rights, nine years after signing the treaty. The policy objectives of both the Lao government and international donors remain focused toward achieving sustainable economic growth and
poverty reduction Poverty reduction, poverty relief, or poverty alleviation, is a set of measures, both economic and humanitarian, that are intended to permanently lift people out of poverty. Measures, like those promoted by Henry George in his economics cl ...
. However, systemic corruption, and
illegal logging Illegal logging is the harvest, transportation, purchase or sale of timber in violation of laws. The harvesting procedure itself may be illegal, including using corruption, corrupt means to gain access to forests; extraction without permission, o ...
also remains a serious problem among Lao government and military officials according to
Transparency International Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...
and others. However, according to Amnesty International,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
,
the Center for Public Policy Analysis The Center for Public Policy Analysis (CPPA), or Centre for Public Policy Analysis, was established in Washington, D.C., in 1988 and describes itself as a non-profit, non-partisan, think tank and research organization. The CPPA is a non-govern ...
, the
United League for Democracy in Laos The United League for Democracy in Laos, Inc. (ULDL) is a non-profit, non-governmental organization (NGO) based in the Washington, D.C.-area with chapters and members in the United States, Thailand, and Laos. The ULDL has worked to provide informa ...
, the
Lao Human Rights Council The Lao Human Rights Council, Inc. (LHRC) is a non-profit, non-partisan, non-governmental (NGO) refugee and human rights organization. It is based nationally, and internationally, with chapters in Colorado, Wisconsin and Minnesota. The Lao Human Ri ...
, the Lao Veterans of America Institute, and many human rights organizations, non-governmental organizations, and policy experts, the reality in Laos is quite different, and the Marxist government generally does not abide by its own Constitution. The Lao government in
Vientiane Vientiane ( , ; lo, ວຽງຈັນ, ''Viangchan'', ) is the capital and largest city of Laos. Vientiane is divided administratively into 9 cities with a total area of only approx. 3,920 square kilometres and is located on the banks of ...
has been frequently condemned by the
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,
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
Committee on Racial Discrimination,
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and human rights advocates, especially in light of the imprisonment of pro-democracy Lao student leaders in October 1999, the persecution of Hmong refugees and asylum seekers and the recent abduction and disappearance of civil society leader
Sombath Somphone Sombath Somphone ( lo, ສົມບັດ ສົມພອນ, ; born 17 February 1952) is an internationally acclaimed community development worker and prominent member of Lao civil society. Sombath was abducted from a Vientiane street in 2012 ...
. The Lao government maintains very close relations with the government of
North Korea North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korean Peninsula and shares borders with China and Russia to the north, at the Yalu (Amnok) and T ...
and its military.


Death penalty

Between 2003 and 2009, at least 39 people were sentenced to death. 50 more people were sentenced to death in the year 2010.


Individual cases

There are many individual cases of human rights violations in Laos according to NGOs and
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
advocates. For example, two former high-ranking government officials whose imprisonment for expressing
dissident A dissident is a person who actively challenges an established political or religious system, doctrine, belief, policy, or institution. In a religious context, the word has been used since the 18th century, and in the political sense since the 20th ...
political views had been much publicized by international human rights groups were released in October 2004. A third dissident sentenced along with them died in prison in 1998. The three men had been arrested in 1990 for expressing concern about government policies and advocating economic and political reforms. In October 1999, 30 young people were arrested for attempting to display posters calling for peaceful economic, political and social change in Laos. Five of them were arrested and subsequently sentenced to up to 10 years imprisonment on charges of treason. One has since died due to his treatment by prison guards, while one has been released. The surviving three men should have been released by October 2009, but their whereabouts remains unknown. In 2004, a Lao Hmong refugee photographed and then smuggled video footage out of Laos of an alleged incident in which Lao government troops
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
d and murdered four young Hmong girls and one boy, then mutilated their bodie

He denies claims by the Lao government that the video was a fabrication.


Hmong conflict and attacks on unarmed Hmong civilians

The government of Laos has been accused of committing genocide against that country’s Hmong ethnic minority. Some Hmong groups fought as CIA-backed units on the Royalist side in the Laos civil war. After the Pathet Lao took over the country in 1975, the conflict continued in isolated pockets. In 1977 a communist newspaper promised the party would hunt down the “American collaborators” and their families “to the last root”. As many as 200,000 Hmong went into exile in Thailand, with many ending up in the U.S. A number of Hmong fighters hid out in mountains in
Xiangkhouang Province Xiangkhouang ( Lao: ຊຽງຂວາງ, meaning 'Horizontal City') is a province of Laos on the Xiangkhoang Plateau, in the nation's northeast. The province has the distinction of being the most heavily bombed place on Earth. The province ...
for many years, with a remnant emerging from the jungle in 2003. Laos and Vietnamese troops were reported to have raped and killed four Christian Hmong women in Xieng Khouang province in 2011, according to US NGO The Centre for Public Policy Analysis. CPPA also said other Christian and independent Buddhist and animist believers were being persecuted. Amnesty International and other NGOs, journalists and
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
advocates have documented the
Lao People's Army The Lao People's Armed Forces (LPAF; lo, ກອງທັບປະຊາຊົນລາວ), is the armed forces of the Lao People's Democratic Republic and the institution of the Lao People's Revolutionary Party, who are charged with protecti ...
's attacks on unarmed Hmong civilians in Laos.


Hmong refugees and forced repatriation

In 1989, the
United Nations High Commissioner for Refugees The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrati ...
(UNHCR), with the support of the United States government, instituted the
Comprehensive Plan of Action The Comprehensive Plan of Action (CPA) is a program adopted in June 1989 at a conference in Geneva held by The Steering Committee of the International Conference on Indo-Chinese Refugees. It was designed to deter and to stop the continuing influx ...
, a program to stem the tide of Indochinese refugees from Laos, Vietnam, and Cambodia. Under the plan, the status of the refugees was to be evaluated through a screening process. Recognized asylum seekers were to be given resettlement opportunities, while the remaining refugees were to be repatriated under guarantee of safety. After talks with the UNHCR and the Thai government, Laos agreed to repatriate the 60,000 Lao refugees living in Thailand, including several thousand Hmong people. Very few of the Lao refugees, however, were willing to return voluntarily. Pressure to resettle the refugees grew as the Thai government worked to close its remaining refugee camps. While some Hmong people returned to Laos voluntarily, with development assistance from UNHCR, allegations of forced repatriation surfaced. Of those Hmong who did return to Laos, some quickly escaped back to Thailand, describing discrimination and brutal treatment at the hands of Lao authorities. In 1993, Vue Mai, a former Hmong soldier who had been recruited by the U.S. Embassy in
Bangkok Bangkok, officially known in Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estimated populati ...
to return to Laos as proof of the repatriation program's success, disappeared in
Vientiane Vientiane ( , ; lo, ວຽງຈັນ, ''Viangchan'', ) is the capital and largest city of Laos. Vientiane is divided administratively into 9 cities with a total area of only approx. 3,920 square kilometres and is located on the banks of ...
. According to the U.S. Committee for Refugees, he was arrested by Lao security forces and was never seen again. Following the Vue Mai incident, debate over the Hmong's planned repatriation to Laos intensified greatly, especially in the U.S., where it drew strong opposition from many American conservatives and some
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
advocates. In an October 23, 1995 ''
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'' article, Michael Johns, the former
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foreign policy expert and
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aide, labeled the Hmong's repatriation a Clinton administration "betrayal," describing the Hmong as a people "who have spilled their blood in defense of American geopolitical interests.""Acts of Betrayal: Persecution of Hmong", by Michael Johns, ''National Review'', October 23, 1995.
/ref> Debate on the issue escalated quickly. In an effort to halt the planned repatriation, the Republican-led
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
and U.S. House of Representatives both appropriated funds for the remaining Thailand-based Hmong to be immediately resettled in the U.S.; Clinton, however, responded by promising a veto of the legislation. In their opposition of the repatriation plans, Republicans also challenged the Clinton administration's position that the Laotian government was not systematically violating Hmong human rights. U.S. Representative Steve Gunderson (R-WI), for instance, told a Hmong gathering: "I do not enjoy standing up and saying to my government that you are not telling the truth, but if that is necessary to defend truth and justice, I will do that." Republicans also called several Congressional hearings on alleged persecution of the Hmong in Laos in an apparent attempt to generate further support for their opposition to the Hmong's repatriation to Laos. Although some accusations of forced repatriation were denied, thousands of Hmong people refused to return to Laos. In 1996, as the deadline for the closure of Thai refugee camps approached, and under mounting political pressure, the U.S. agreed to resettle Hmong refugees who passed a new screening process. Around 5,000 Hmong people who were not resettled at the time of the camp closures sought asylum at
Wat Tham Krabok Wat Tham Krabok ( th, วัดถ้ำกระบอก, literally 'Temple of the Bamboo Cave') is a Buddhist temple (''wat'') in the Phra Phutthabat District of Saraburi Province, Thailand. The temple was first established as a monastery in 1 ...
, a Buddhist monastery in central Thailand where more than 10,000 Hmong refugees were already living. The Thai government attempted to repatriate these refugees, but the Wat Tham Krabok Hmong refused to leave and the Lao government refused to accept them, claiming they were involved in the
illegal drug trade The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation, manufacture, distribution and sale of prohibited drugs. Most jurisdictions prohibit trade, except under license, of many types of drugs throug ...
and were of non-Lao origin. In 2003, following threats of forcible removal by the Thai government, the U.S., in a significant victory for the Hmong, agreed to accept 15,000 of the refugees. Several thousand Hmong people, fearing forced repatriation to Laos if they were not accepted for resettlement in the U.S., fled the camp to live elsewhere within Thailand where a sizable Hmong population has been present since the 19th century. In 2004 and 2005, thousands of Hmong fled from the jungles of Laos to a temporary refugee camp in the Thai province of
Phetchabun Phetchabun is a town (''thesaban mueang'') in Thailand, capital of Phetchabun Province. It covers the ''tambon'' Nai Mueang of the Phetchabun District, along the Pa Sak River. As of 2005, it had a population of 23,823. Phetchabun lies north o ...
. These Hmong refugees, many of whom are descendants of the former-CIA Secret Army and their relatives, claim that they have been attacked by both the Lao and Vietnamese military forces operating inside Laos as recently as June 2006. The refugees claim that attacks against them have continued almost unabated since the war officially ended in 1975, and have become more intense in recent years. Lending further support to earlier claims that the government of Laos was persecuting the Hmong, filmmaker Rebecca Sommer documented first-hand accounts in her documentary, ''Hunted Like Animals'', and in a comprehensive report which includes summaries of claims made by the refugees and was submitted to the U.N. in May 2006. The European Union,Thailand: EU Presidency Declaration on the situation of Hmong refugees
EU@UN, February 1, 2007
UNHCHR, and international groups have since spoken out about the forced repatriation. The Thai foreign ministry has said that it will halt deportation of Hmong refugees held in Detention Centers Nong Khai, while talks are underway to resettle them in Australia,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
and the United States. For the time being, countries willing to resettle the refugees are hindered to proceed with immigration and settlement procedures because the Thai administration does not grant them access to the refugees. Plans to resettle additional Hmong refugees in the U.S. have been complicated by provisions of President George W. Bush's
Patriot Act The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appro ...
and Real ID Act, under which Hmong veterans of the Secret War, who fought on the side of the United States, are classified as terrorists because of their historical involvement in armed conflict. On December 27, 2009, ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' reported that the Thai military was preparing to forcibly return 4,000 Hmong asylum seekers to Laos by the end of the year: the BBC later reported that repatriations had started. Both United States and United Nations officials have protested this action. Outside government representatives have not been allowed to interview this group over the last three years.
Médecins Sans Frontières (MSF; pronounced ), also known as Doctors Without Borders, is a humanitarian medical non-governmental organisation (NGO) or charity of French origin known for its projects in conflict zones and in countries affected by endemic diseases. ...
has refused to assist the Hmong refugees because of what they have called "increasingly restrictive measures" taken by the Thai military.BURNING ISSUE: Don't Just Voice Concerns, Offer Solutions
The Nation, December 23, 2009
The Thai military jammed all cellular phone reception and disallowed any foreign journalists from the Hmong camps.


See also

* Internet censorship and surveillance in Laos * Amnesty International *
Sombath Somphone Sombath Somphone ( lo, ສົມບັດ ສົມພອນ, ; born 17 February 1952) is an internationally acclaimed community development worker and prominent member of Lao civil society. Sombath was abducted from a Vientiane street in 2012 ...
*
the Center for Public Policy Analysis The Center for Public Policy Analysis (CPPA), or Centre for Public Policy Analysis, was established in Washington, D.C., in 1988 and describes itself as a non-profit, non-partisan, think tank and research organization. The CPPA is a non-govern ...
*
United League for Democracy in Laos The United League for Democracy in Laos, Inc. (ULDL) is a non-profit, non-governmental organization (NGO) based in the Washington, D.C.-area with chapters and members in the United States, Thailand, and Laos. The ULDL has worked to provide informa ...
*
Lao Human Rights Council The Lao Human Rights Council, Inc. (LHRC) is a non-profit, non-partisan, non-governmental (NGO) refugee and human rights organization. It is based nationally, and internationally, with chapters in Colorado, Wisconsin and Minnesota. The Lao Human Ri ...
, Inc. * Lao Veterans of America Institute *
Lao Veterans of America The Lao Veterans of America, Inc., describes itself as a non-profit, non-partisan, non-governmental, veterans organization that represents Lao- and Hmong-American veterans who served in the U.S. clandestine war in the Kingdom of Laos during the Vie ...
* Hmong people * US Commission on International Religious Freedom * Laotian penal system *
LGBT rights in Laos Lesbian, gay, bisexual and transgender (LGBT) rights in Laos go unreported and unnoticed. While homosexuality is legal in Laos, it is very difficult to assess the current state of acceptance and violence that LGBT people face because of governm ...


References


External links


Center for Public Policy AnalysisAmnesty International Annual Report 2007Censorship in Laos
{{DEFAULTSORT:Human Rights In Laos Laos Society of Laos Politics of Laos Government of Laos